OIG proposes anti-kickback safe harbors

HIM-HIPAA Insider, November 3, 2014

The Office of the Inspector General (OIG) recently released a proposed rule in the Federal Register that would amend safe harbors under the anti-kickback statute. The rule also proposed to amend the definition of remuneration as used in the law. The anti-kickback statute mandates criminal penalties for individuals or entities that knowingly and willfully offer, pay, solicit, or receive remuneration for referrals reimbursable under federal healthcare programs.

The rule proposed the following changes to the anti-kickback statute:

A technical correction to existing safe harbor for referral services

Protection for certain cost-sharing waivers, including pharmacy waivers of cost-sharing for financially needy Medicare Part D beneficiaries and waivers for state- or municipality-owned emergency ambulance services

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